Disney says man can't sue for his wife's death because he had a Disney+ account
This is a cautionary tale for those who agree to the terms and conditions without reading them.
Disney are seeking to dismiss a wrongful death lawsuit filed against the corporation by a widower due to the fact that he signed up for an account on it's streaming service several years ago.
Jeffrey J. Piccolo launched a legal battle against Disney Parks and Resorts in February this year following the tragic death of his wife, Dr. Kanokporn Tangsuan, 42, after she suffered an allergic reaction at one of their restaurants.
The family medicine specialist, who worked at New York University's Langone Hospital Long Island, had dined at the Raglan Road Irish Pub and Restaurant in Disney World Orlando with her husband and mother-in-law on 5 October, 2023.
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According to Piccolo's legal claim, they had explicitly told employees at the eatery about Tangsuan's dairy and nut allergies, and the couple were reassured that the food was 'unequivocally' safe for her to consume.
But around 45 minutes after eating the meal, the doctor suddenly suffered from an allergic reaction while shopping in Planet Hollywood at the Florida resort and she collapsed.
Tangsuan's EpiPen was administered and she was rushed to hospital, however, she sadly could not be saved.
Her death was ruled as accidental and the cause was listed to be as a result of a severe allergic reaction (anaphylaxis).
Piccolo filed the lawsuit against both the restaurant and the Walt Disney Company, alleging that his wife's death was 'totally preventable' and could have been avoided if 'proper protocols' had been followed.
The claim accuses Disney of having 'failed to educate, train and/or instruct its employees [to] make sure food indicated as allergen free or requested to be made allergen free, was in fact free of allergens'.
The widower was seeking $50,000 in damages.
But Disney are trying to have the wrongful death lawsuit dismissed and sent to arbitration instead because of the terms which Piccolo agreed to when he previously signed up for a Disney+ account for in 2019.
It also claims that he accepted the same terms and conditions when he purchased tickets to the Disney theme park in 2023, the BBC reported.
When signing up for his one-month trial on the streaming service, Disney allege that Piccolo agreed to the terms of their 'Subscriber Agreement' listed in section seven.
It states that users must resolve any disputes through arbitration opposed to litigation, which means it must be handled with a neutral third party opposed to a formal court process where a judge or jury decides the case.
Disney's motion explained: "The first page of the Subscriber Agreement states, in all capital letters, that ‘any dispute between You and Us, Except for Small Claims, is subject to a class action waiver and must be resolved by individual binding arbitration’."
But this has been branded 'preposterous' by Piccolo's lawyers, who accused the corporation of 'burying' the bizarre agreement in the terms and conditions.
In a court filing dated August 2, West Palm Beach attorney Brian Denney said it was 'outrageously unreasonable and unfair' to expect consumers to be aware of this stipulation, while asking the court not to enforce the arbitration.
Disney's legal team said that subscribers have to select checkboxes that hyperlink to the terms of use, as well as another that says they agreed to the terms, and they cannot select 'Agree & Continue' if this is not complete.
A spokesperson for Disney told LADbible Group: "We are deeply saddened by the family’s loss and understand their grief. Given that this restaurant is neither owned nor operated by Disney, we are merely defending ourselves against the plaintiff’s attorney’s attempt to include us in their lawsuit against the restaurant."
Disney said it's 'position in no way affects any wrongful death or other claims the plaintiff may have against the restaurant'.
Either way - it's a stark reminder that you really ought to double check what your agreeing to.
Topics: US News, Disney, Disney Plus, Food And Drink, Health
Olivia Burke